9.48 Carrying of Concealed Handguns on Campus

I. POLICY STATEMENT

The University of Texas at San Antonio (UTSA) is committed to providing a safe environment for students, faculty, staff, and visitors. At the same time, UTSA also recognizes and respects the rights of individuals licensed to carry Concealed Handguns pursuant to Subchapter H, Chapter 411 of the Texas Government Code. This policy was written after consultation with campus constituencies regarding a number of factors including the nature of the student population, specific safety considerations and the uniqueness of the UTSA campus environment.

This policy applies only to the concealed carrying of Handguns. It does not authorize the Open Carrying of Handguns or the carrying (concealed or open) of any other firearms.

II. RATIONALE

This policy establishes guidelines and procedures for the implementation of Texas State Senate Bill No. 11, popularly known as the “Campus Carry” law. This policy will become effective August 1, 2016 and is intended to be in conformity with the requirements of Texas Government Code Section 411.2031.

III. SCOPE

This policy applies to all faculty, staff, students, visitors, volunteers, contractors, prospective students and parents of prospective students, as well as individuals and organizations doing business on behalf of UTSA on Campus Premises.

This policy does not apply to licensed peace officers of the UTSA Police Department (UTSAPD), other commissioned police officers as defined in article 2.12 of the Texas Code of Criminal Procedures, and federal law enforcement officers.

VI. CONTACTS

If you have any questions about HOP 9.48, Carrying of Concealed Handguns on Campus, contact the following office:

UTSA Police Department
210-458-4242

VII. DEFINITIONS

Campus: (as defined by Section 411.2031 of the Texas Government Code) is all land and buildings owned or leased by UTSA.

Campus Carry Law: Section 411.2031 of the Texas Government Code, permitting the carrying of Concealed Handguns by duly licensed holders on UTSA campuses in accordance with this policy.

Concealed Handgun: A Handgun, the presence of which is not openly discernable to the ordinary observation of a reasonable person.

License to Carry a Concealed Handgun (LTC): A valid and current License to Carry a Concealed Handgun issued by the Texas Department of Public Safety under Chapter 411, Subchapter H of the Texas Government Code (formerly called Concealed Handgun License).

Disciplinary Action: Sanctions by UTSA, up to and including removal, probation, suspension, dismissal, and termination or expulsion.

Display: The act of intentionally displaying a Handgun, in whole or in part, in plain view of another person in a public place.

Exclusion Zones: An area of the UTSA Campuses in which the possession of a Handgun is prohibited as provided in Appendix A of this policy.

Handgun: Any firearm that is designed, made, or adapted to be fired with one hand.

Holder of License to Carry a Concealed Handgun(License Holder): Anyone appearing on UTSA Campuses with a valid, current LTC.

Open Carry: Visible possession of a Handgun in public.

Premises: Consistent with Section 46.035(f) (3) of the Texas Penal Code, means a building or a particular portion of a UTSA Campus building. For purposes of this policy and UTSA Campuses, a Premises comprises all of the contiguous space dedicated to a particular institutional function or activity and extends to the functional or physical boundary of that function or activity. A Premises may be a floor, departmental suite, hallway, walkway, throughway, laboratory, cafeteria, or any other space, depending on the circumstances.

Weapon: Any object or substance designed to inflict a wound, cause injury, or incapacitate, including without limitation all firearms, BB guns, air guns, pellet guns, zip gun, switchblade knives, knives with a blade over five and one-half inches and other illegal knives or clubs prohibited by statute. Chemicals such as mace, tear gas, or oleoresin capsicum, but excluding normally available over-the-counter self-defense repellents. Possession of chemical repellants labeled for police use only or for law enforcement use only are restricted to law enforcement.

VIII. RESPONSIBILITIES

Holder of License to Carry a Concealed Handgun (License Holder)

While UTSA will employ all reasonable means to clearly delineate Exclusionary Zones by signage in accordance with Texas statutory law, it is the responsibility of the License Holder to know, understand, and follow these rules and applicable laws while on UTSA Campuses. Holders of such permits are bound by state and federal law and may face criminal or civil penalties for violation of those statutes.

Conceals the Handgun so that it is not partially or wholly visible to another person.

Safeguards the Handgun at all times.

Must not leave the Handgun unattended or unsecured.

President

Designates Exclusion Zones on Campuses in accordance with Section 411.2031 of the Texas Government Code.

Submits a report to the Texas Legislature no later than September 1 of even-numbered years that describes all provisions regarding the carrying of Concealed Handguns on UTSA Campuses.

UTSA Police Department

Maintains a list of all Handgun related incidents and provides an annual report to the President.

Vice President for Business Affairs:
Maintains a complete and up-to-date listing of Exclusion Zones.

Faculty and Staff:

Faculty and staff who occupy an office that has been solely assigned to him or her and that office is not generally open to the public may prohibit the concealed carry of a handgun in that office. Such faculty and staff must provide verbal notice that the concealed carry of a handgun in the occupant’s office is prohibited, and, when feasible, they also should provide such notice in writing. In addition, if the job duties of such faculty and staff ordinarily entail meeting people who may be license holders, they will make reasonable arrangements to conduct meetings in another location.

All Faculty and Staff must complete mandatory Campus Carry training.

Students:
Completes mandatory Campus Carry training.

IX. PROCEDURES

General Provisions

Subject to applicable Texas or federal laws and rules adopted by UTSA, individuals holding a valid LTC or the former state designation for the same, Concealed Handgun License (CHL), will be allowed to carry their Handgun, concealed on their person on the Campuses of UTSA, except in areas designated as Exclusion Zones as outlined in Appendix A.

Pursuant to Texas Penal Code Sections 46.035 and 30.07, the open Display of a Handgun in plain view of another person on UTSA Campuses is never allowed except by authorized individuals, such as licensed peace officers of the UTSA Police Department, or other commissioned peace officers.

While UTSA will employ all reasonable means to clearly delineate Exclusion Zones by signage in accordance with Texas law, it is the responsibility of the License Holder to know, understand, and follow these rules and applicable laws while on UTSA Campuses. Holders of such permits are bound by state and federal law and may face criminal or civil penalties for violation of those statutes.

Authorized LTC Holders are not required to disclose their status to anyone other than a law enforcement officer. UTSA will not maintain a list of LTC Holders. This information is not a matter of public records. UTSA employees (other than law enforcement officers) may not, under any circumstances, require students or employees to disclose their LTC status.

UTSA will not provide gun storage on Campuses. LTC Holders must keep their Concealed Handguns in a secure location or on or about their person at all times. For the purposes of this policy and subject to the requirements of Texas law, “on or about one’s person” means close at hand and within such distance of the LTC Holder so that, without materially changing his/her position, the LTC Holder could get his/her hand on it. UTSA recommends the use of holsters or protective covers.

LTC Holders are responsible for safeguarding their Handguns at all times and must take all necessary precautions to ensure their Handguns are secured in a manner that is most likely to prevent theft, loss, damage, misuse, or accidental discharge. LTC Holders are liable for any and all damage, injury, liability, loss, cost, or expense, directly or indirectly resulting from or arising out of an accidental or inadvertent discharge of their Concealed Handgun or their violation of this policy.

Specific Exclusions to Concealed Carry of a Handgun

UTSA's President is the only person with the authority to declare a specific area as an Exclusion Zone. Therefore, except as provided herein, without the express written consent of the President, no faculty member, staff member, student, or student groups may designate an area as an Exclusion Zone.

Subchapter H, Chapter 411 of the Texas Government Code gives the presidents of public universities the ability to designate gun-free zones on their campuses. UTSA has identified Exclusion Zones based on applicable laws and regulations, the general makeup of the campus population in those areas, safety considerations, and any unique material characteristics of the areas. The Texas Government Code 411.2031(d-1) and the Texas Penal Code 30.06 require notice to be given regarding areas where LTC Holders may not carry. Signage will be provided for these areas, using the required wording. A list of Exclusion Zones can be found in Appendix A.

Training and Awareness: Mandatory training regarding information about the Campus Carry Law and procedures for responding to violations or associated emergencies will be provided to faculty, staff and students.

Compliance, Violations and Enforcement

Compliance is the responsibility of all persons on UTSA Campuses. It is the responsibility of the LTC Holder to know, understand, and follow this policy and applicable laws while on UTSA Campuses. LTC Holders are bound by state and federal law and may face criminal or civil penalties for violation of those statutes.

Any violation of this policy by members of the UTSA community will be dealt with in accordance with applicable University policies and procedures, which may include disciplinary actions up to and including termination of employment for employees or expulsion for students.

Violations of this policy by anyone not a member of the UTSA community will result in removal from UTSA property. Suspected violations of law will be reported to the UTSAPD or other law enforcement agencies and may result in criminal penalties.

Individuals should report noncompliance to UTSAPD who will forward potential violations to the Office of Institutional Compliance and/or Office of Human Resources or Office of Student Conduct and Community Standards.